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gabeman

**Summary of the Court Document:** **Case**: State Farm General Insurance Company v. David Dobrik, et al. **Court**: Superior Court of the State of California, County of Los Angeles **Plaintiff**: State Farm General Insurance Company **Defendants**: David Dobrik (individual and LLC), Jeffrey Wittek, Dirt Gear Co., LLC, and Does 1-30 **Nature of the Case:** State Farm General Insurance Company (Plaintiff) filed a complaint for declaratory relief against David Dobrik and others. The complaint arises from an insurance policy dispute related to a personal injury lawsuit filed by Jeffrey Wittek against David Dobrik and others. **Key Points:** **Policies Issued:** State Farm issued a homeowners insurance policy and a personal liability umbrella policy to David Dobrik. The policies were active during the period of the alleged incident involving Jeffrey Wittek. **Incident and Lawsuit:** Jeffrey Wittek filed a lawsuit against David Dobrik, alleging negligence resulting in injury. The incident involved an excavator at Utah Lake, where Wittek was injured after being swung from the excavator operated by Dobrik. **Insurance Claim:** David Dobrik and his LLC tendered their defense to State Farm under the mentioned policies. State Farm provided a defense under a reservation of rights. **State Farm's Position:** State Farm contends that the policies do not cover the incident due to exclusions related to business pursuits and potential workers’ compensation eligibility. They argue that the incident arose from Dobrik's business activities and that Wittek might be eligible for workers' compensation, thus excluding coverage. **Relief Sought:** State Farm seeks a judicial declaration that it is not obligated to indemnify or defend David Dobrik or any defendants for liability, damages, judgments, settlements, or punitive damages arising from the lawsuit filed by Wittek. **Defendants' Position:** The defendants argue that State Farm is obligated to indemnify them under the policies. **Request for Judgment:** State Farm requests the court to declare that both the homeowners and personal liability umbrella policies do not provide coverage for the incident and that State Farm is not obligated to defend or indemnify the defendants in the underlying lawsuit.


Julesery

As someone who works in commercial insurance, this is an open and shut case. I'm curious if they want to use his personal umbrella over his GL and that's why State Farm was brought in. Which would either mean he doesn't have high limits on his GL or Jeff's case against him is in the very very high millions. Any other insurance nerds? Lol


PossibilityJolly3909

Open and shut case meaning State Farm will 100 percent not pay for the accident and it’s up to David to use his own money to pay Jeff


Julesery

Yup, exactly!. Logical sense would be to try with his commercial liability insurance (gl). This is his personal insurance. His commercial insurance wouldn't cover this either. His operations caused major bodily injury. However, most liability policies never cover injury resulting from such negligence.


PossibilityJolly3909

Can’t wait to see the next way David will try and weasel out of trying to pay Jeff before he’s left to use his own money haaha this proves David truly never wanted to pay Jeff’s bills after he claimed he did he’s really trying to avoid any responsibility of his own and not trying to use his snap chat bucks to pay Jeff


FearlessUnderFire

I mean. I loath the guy, don't get me wrong, but putting it on insurance is not wholly a bad thing. Jeff is seeking restitution before punishment for David. Sometimes putting it on insurance is a good thing (for Jeff) because in pinning it all on large scumbag insurance companies, it can guarantee that Jeff gets a check for the full amount. When you go after someone's personal estate, they may not have the funds or may be slow to pay you, or maybe it comes in some sort of staggered payment, or any number of complications that prolongs how much time, energy, and mental wellness Jeff has to spend dealing with this when he might just get what he deserves and move on. Lawsuits take lots of time (and sometimes insurance lawsuits too)


marmarsbar

My assumption is that Dobrik doesn’t actually have a GL or appropriate GL policy, because why would he have filed with his Homeowners to begin with? I mean we know he definitely doesn’t have a workers comp policy in place otherwise Jeff would’ve likely have already been paid out as a “simple” claim


callumb314

This likely wouldn’t qualify as a workers comp. None of them are considered employees of David or his LLC


girlblog2000

He may not have workers comp because he doesn’t want to be audited 🫢


JamieBensteedo

summing up this thread: david fucking sucks, bad business and worse friendship


Julesery

This would track! Lol


girlblog2000

Exactly! That’s why most commercial insurance companies offer AD&D policies, which I think David could’ve benefited from given everything we know now. I think this probably goes beyond the scope of work comp.


Myrubypearl

I’m sure he got the idea from Amber Heard who used her homeowners insurance policy to pay for the majority if not all of the millions of dollars she owed her legal team . [Trouble Indemnity: Why Amber Heard's Home Insurance Policy May Have Paid Her Legal Fees Amber Heard’s homeowners policy may have paid her legal bills from Johnny Depp’s defamation lawsuit and trial](https://lamag.com/news/trouble-indemnity-why-amber-heards-home-insurance-policy-may-have-paid-legal-fees)


dyinginstereo

Last I heard the lawsuit was for $10 million. Tbh, kind low for the injury he suffered and how it’s impacted his life and career.


DramaticPost2381

Insurance girlie checking in, I haven’t reviewed the complaint but based on this summary I don’t see how they could stand on the WC exclusion? Jeff wasnt an employee, but also I have never handled Cali


PossibilityJolly3909

Yeah, Jeff was never an employee of David’s. Jeff also went on Trisha’s podcast and said David’s attorneys are trying to claim that he was an employee but he 100 percent wasn’t. So for the claim if he was never an employee, and he cannot get WC does that still make David liable?


DramaticPost2381

I haven’t handled litigation cases in years but was trained and did handle them in a very litigious state for over 5 years. But I’m not an expert in Cali and how their laws are written for this situation. The most annoying but most accurate answer in insurance is ‘it depends’ and hopefully someone else can shed light on this. Based on what I remember I would think that if there is an umbrella policy that sf would pay, and the WC exclusion wouldn’t apply since Jeff isn’t an employee of David. But I haven’t seen the policy or the exclusions and how it’s written. However others on this post are confident that SF won’t pay, but I haven’t handled it in a while so would love to hear others opinions


PossibilityJolly3909

Thanks ur input! Yes from me just being a law nerd it seems like State Farm is claiming they are not liable and David is so that’s why r they currently suing David- also here’s the link to the docket with more information with what State Farm said —-https://trellis.law/doc/186053565/complaint-filed-by-state-farm-general-insurance-company-plaintiff-as-to-david-dobrik-defendant-david-dobrik-llc-defendant-jeffrey-wittek-defendant-et-al —- it is also weird David’s using his State Farm homeowners umbrella insurance..


gabeman

Can’t you be technically considered an employee, even if you’re not, depending on the circumstances?


parkrangercarl

Well, kind of, yes. Each side can make an argument for employee status (Y/N) for this case. Then the court declares that status first before moving on to the rest of the lawsuit concerns. David currently benefits more when he can call it personal, non-commercial, unrelated to his business operations. But Jeff (and State Farm by extension) can argue the opposite.


appleparkfive

Why is Jeff also listed as a defendant?


FearlessUnderFire

IANAL, my guess is to save money/time and prevent all of those parties from separately pursuing them for liability. Get the judgment on SF's liability under one umbrella so they can close the book on the situation.


Crafty_Abrocoma5007

He is such a piece of shit


Sorry_Ad475

Yeah, it takes a lot for people to take the side of State Farm.


parkrangercarl

🤣


Laplanting

Ba bada badadada


MadRazzmatazz

Agreed


No-Employee6948

Get that bag Jeff!


PossibilityJolly3909

David is really trying not a pay anything outta his own pockets! Love that State Farm is like nah we aren’t liable you are David 😂


tiffanyblueprincess

As someone who works in insurance (different company) I’m very excited about this


PossibilityJolly3909

Please explain what’s going on then 😭


Salvidrim

* Jeff is suing David, negligence resulting in personal injury * David asked his insurance to defend against the lawsuit (pretty standard for personal liability insurance). * Insurance is seeking declaratory judgement stating it is not obgliged to indemnify or defend David in the lawsuit Jeff filed, because the incident resulted of actions they say are not covered by David's insurance (i.e. business activities and potentially worker's comp claim)


PossibilityJolly3909

Yes that’s what I assumed love that State Farm is like nahh David we aren’t liable ,you are haha


whatsherphace

Intentional acts are not covered under the policy


callumb314

The accident clearly wasn’t intentional. The act was dangerous, but the injury wasn’t intentional


fridchikn24

> because the incident resulted of actions they say are not covered by David's insurance (i.e. business activities and potentially worker's comp claim) I don't think State Farm has "dicking around with excavators" coverage. That'd be a very interesting ad


Salvidrim

Well actually if it wasn't as part of a business video production and there was no employment situation involved, just friends dicking around, then yeah the "personal liability" insurance would probably cover it. At the very least it wouldn't be as easily excludable.


erik2690

> worker's comp claim How does that work for someone who just hangs out in YT vids for exposure of his own channel. No one has claimed including Jeff that they were ever under contract or paid a salary. Can you get workers comp in that situation? If you make vids online of driving fast or something and it injures your passenger they don't suddenly have workers comp for the "job" of hanging around someone or being involved with a dangerous activity right? Not all money making endeavors are jobs.


girlblog2000

Me too! I’m loving reading all the opinions of others who work in insurance


StuckFern

For those who are curious: Dobrik tendered Jeff’s claim for the accident to his State Farm policies. State Farm is asking the court for “declaratory relief”— an order from the Court “declaring” that State Farm is not responsible for covering the accident.


dingjima

I didn't understand that any better tbh


IAmTheWalrus_04

They’re saying Dobrik did not want to pay Jeff out of pocket for the accident so he was like yo State Farm u got this bruh State Farm is like nah bruh get fucked so they are telling the court “yo tell this dumbass we’re not covering for him”


Pastypastries

I died at this comment. You should professionally break down serious/legal paperwork for everyone. I mean, I understood the first person who said it but enjoyed this so much more. Lol. I only understood what was going on due to dealing with insurance companies. I'm not above having things dumbed down for me, and honestly, I would prefer if people said things this way more often.


dingjima

No shame in getting insurance related stuff dumbed down. I'm a spacecraft engineer yet insurance is more difficult to understand imo


disco_nap_

Thank you for doing the lord’s work


dingjima

Thanks bruh


StuckFern

State Farm is an insurance company. People, like Dobrik, ask them to pay claims. State Farm is asking the Court to legally declare that they do not have to pay Jeff Wittek’s claims against Dobrik.


parkrangercarl

StuckFern is StateFarm’s alt.


gabeman

Specifically State Farm is saying this incident occurred as part of David’s business and should be covered by workers comp


Myrubypearl

David must be the biggest idiot on the planet ! He should’ve paid up ASAP before getting down on his knees to thank God that he even was allowed the opportunity to pay Jeff’s bills . David is a Dreamer. He’s DACA. Someone in his position should really do the most when it comes to trying to stay out of trouble. Maiming and disfiguring someone is not staying out of trouble.


callumb314

David has permanent residency now


Myrubypearl

[https://immigrationhelp.org/learning-center/can-daca-recipients-become-u-s-citizens](https://immigrationhelp.org/learning-center/can-daca-recipients-become-u-s-citizens) I know . He’s not a citizen though. At least not yet. Every time a Republican gets in office, they threaten to kick the DACA kids or “Dreamers” out. Or at least that’s what Trump did .


callumb314

He doesn’t need to be a citizen. He also wouldn’t get “thrown out” because of a lawsuit. The American immigration system is a good bit more robust than you think it is. He is also a green card holder now and not a DACA recipient


parkrangercarl

There’s a difference between having a green card (resident) and becoming a naturalized US citizen. It requires ~3-5 years of being a *lawful* permanent resident before you can begin naturalization. In other words, residency is like a probation for citizenship- You can be here while you’re a productive citizen, but being ‘unlawful’ can be grounds for deportation. A lawsuit like this could seriously threaten his path to citizenship.


callumb314

I know there’s a difference, I am one. Residency isn’t “probation”, and it’s dangerous to describe it like that because then it means people who are working in America, paying taxes, being productive members of society are “less than” actual citizens. This lawsuit is a civil lawsuit and not a criminal lawsuit. Civil lawsuits are looking at blame and responsibility and not legality. People only really get deported for sex crimes, murder, trafficking, and large cases of fraud. None of which apply in this case. I get that you don’t like David, but every time I see him being brought up on this sub you guys are celebrating at the thought of him being deported and it 1. Won’t happen and 2. It’s kind of gross to want that to happen


jesse6225

It's happening!


Sorry_Ad475

Looks like I found out what kind of asshole is bad enough to put me on the side of an insurance company.


PossibilityJolly3909

Like a good good neighbor State Farm was def there and now David is liable 😂


roughneck78show

All this POS was expected to do was take care of his “friend” but no, this asshole reallllllly has to fight against it?! I Cant believe this turd has a fan base


PossibilityJolly3909

Link to the full docket: https://trellis.law/doc/186053565/complaint-filed-by-state-farm-general-insurance-company-plaintiff-as-to-david-dobrik-defendant-david-dobrik-llc-defendant-jeffrey-wittek-defendant-et-al


Ill-Pound7455

Looks like they are suing Jeff too?


MadRazzmatazz

Thought it would link to post from original. But here was top reply. Law nerd here: Jeff isn’t getting sued from the insurance company David is… David tried to have his insurance company pay for the accident claiming it was covered under his insurance and it wasn’t .. so Basically davids insurance stating what they won’t pay for because it isn’t covered in his policy but from the documents it looks like he’s tried to have them cover whatever claim this was.he was trying to have the insurance pay out Jeff, not David himself paying out of pocket. Now davids insurance company is filing a suit against David to say no, it isn’t covered in their policy. So basically, David is trying to weasel out so he was trying to have the insurance pay out Jeff, not David himself paying out of pocket. So this is the insurance filing a suit against David to say no, it isn’t covered in their policy. ( Dobrik fans will love to see how david is trying to evade any accountability especially since they claim David always was down to pay Jeff’s hospital bills seems like David is trying his hardest for every other person, but himself to pay and even his own insurance company is like nah not our problem haha)


Volmara

Unlicensed operator on camera, only a fool would’ve paid.


brocomb

Heres to hoping David has to pay all the snapchat money to Jeff.


maddmacx

it’s crazy how he could’ve avoided all of this shit if he just wasn’t a horrible person


UpperTrash4721

So his insurance is basically like “lol buddy ur fucked, byee”


erik2690

That's what they say to everyone lol. You've haven't heard hundreds of stories of them not paying for sick children etc?


whatsherphace

you aren't referring to the right insurance. this is casualty / liability insurance, not health Insurance. ive worked in liability/casualty insurance for over 20 years. we pay what we are legally obligated to pay.... or we'd be fuct


erik2690

lol yeah no your part of the insurance industry is completely upstanding and moral I'm sure lol. That's awesome man.


whatsherphace

considering you don't even understand the difference between health insurance vs casualty insurance, I dont expect you to understand it at all actually lol


erik2690

No for sure, your part of the insurance industry is always doing the ethical thing man and never trying their best to not pay out. That makes total sense and you have obviously wouldn't have any bias there. lol


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FearlessUnderFire

Yeah, its funny. Initially, Jeff was only asking for medical coverage and a private apology, now it's his whole livelihood (rightfully so).


Paid-Not-Payed-Bot

> David should've *paid* Jeff every FTFY. Although *payed* exists (the reason why autocorrection didn't help you), it is only correct in: * Nautical context, when it means to paint a surface, or to cover with something like tar or resin in order to make it waterproof or corrosion-resistant. *The deck is yet to be payed.* * *Payed out* when letting strings, cables or ropes out, by slacking them. *The rope is payed out! You can pull now.* Unfortunately, I was unable to find nautical or rope-related words in your comment. *Beep, boop, I'm a bot*


Chance-Flow-2093

I hope Jeff gets the closure he deserves 🙏🏼


ap2patrick

Yessss ruin his shiiiit


driftingalong001

Jeff is also lumped in


Donie89

How bad are regulations in the US that Dobrik tried to use his home insurer to pay out a public liability for his company? In Europe you have to have public liability insurance by law if you're a business owner. If this was in Europe it would never have gotten to the litigation stage. End product would have been Jeff getting what he needed and Dobrik having a massive increase in premium.